V.K.AHUJA, J. - (1.)THIS is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of Ld. Sessions Judge, Una, dated 7.6.1994, vide which the respondents were acquitted of the charge framed against them under Sections 304 -B read with Section 34 I.P.C., 498 -A read with Section 34 I.P.C. and in the alternative under Section 306 I.P.C.
(2.)THE prosecution story in brief is that Smt. Sunita Devi was admitted in the hospital in a burnt condition having sustained injuries on 7.5.1992. She made a statement on 8.5.1992, at 12.30 p. m. that when she was cooking meals in her house on the previous evening, their hut caught fire and her family members were away and she was brought by her family members to Una hospital and, therefore, she alleged that she sustained injuries in an accidental fire. The said statement was sent to Police Station, Amb, since the area fell under the jurisdiction of Police Station, Amb. It is also on record that subsequently she made a statement on the same day at 2.45 p.m., in which she alleged that on the previous evening, at about 7.00 p.m., her husband respondent No. 3 came to the house under the influence of liquor, started giving her beatings. She further stated that her husband locked her in the room and the other respondents No. 1 and 2, who are the father -in -law and mother -in -law of injured Sunita threw kerosene oil on her body from back and set her on fire. It was further alleged that her husband who was sitting outside learnt about it and tried to extinguish the fire and collected the villagers. The respondents used to maltreat her having bringing insufficient dowry. She further alleged that her earlier statement made by her that she suffered injuries in an accidental fire, were under the threat given by the respondents and now her brother has come and she got the encourage to make this deposition. The condition of Smt. Sunita deteriorated and she was shifted to P.G.I. Chandigarh and she died there on 15.5.1992 at 8.45 p. m. Her three dying declarations have been proved on record. On the basis of the statement Ext. PW -5/C made on 8.5.1992, at 2.45 p.m., the case was registered against the respondents. After investigation, the challan was filed before the Court of learned Judicial Magistrate 1st Class, Amb, who committed the case to the learned Sessions Judge, Una, who tried the respondents, leading to their acquittal.
We have heard the learned Counsel for the parties and have carefully gone through the record of the case.

(3.)IT was submitted by the learned Deputy Advocate General that though in the two dying declarations made by the deceased Sunita, she had alleged that the fire took place accidentally. Whereas, in the last statement Ext. PW -5/C; she had clearly alleged that she was locked in the room by her husband, while her mother -in -law and father -in -law set her on fire and on the basis of this statement, case was registered. Thus, it was submitted that the guilt of the respondent was clearly established on the basis of the dying declaration made by the deceased and as such, the findings to the contrary are liable to be reversed.